LAY-OFF AND RECALL Sample Clauses
The Lay-Off and Recall clause outlines the procedures and rights related to temporarily suspending employees from work and subsequently bringing them back when work becomes available. Typically, this clause specifies the conditions under which employees may be laid off, such as a shortage of work, and details the process for notifying affected employees and the order in which they will be recalled to their positions. Its core practical function is to provide a clear, fair framework for managing workforce reductions and re-employment, thereby minimizing disputes and ensuring both employer and employee understand their rights and obligations during periods of fluctuating business needs.
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LAY-OFF AND RECALL. 13.01 In the event of a proposed lay-off of a permanent or long-term nature, the Employer will:
(a) Provide the Union with at least ninety (90) days’ notice.
(b) Meet with the Union to review the following:
(i) the reasons causing the lay-off;
(ii) the service which the Employer will undertake after the lay-off;
(iii) the method of implementation, including areas of cutback and the nurses to be laid off.
13.02 In the event of a proposed temporary lay-off, a bed cutback or a cutback in service, the Employer shall provide the Union with reasonable notice. If requested, the Employer shall meet with the Union to review the effect on nurses in the bargaining unit.
13.03 Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of this Article.
(a) A lay-off shall be defined as any reduction of a nurse's hours of work and/or a permanent discontinuation of a position.
(b) In the event of a lay-off, nurses shall be laid off in the reverse order of seniority. Subject to the foregoing, probationary nurses shall be first laid off. Casual part-time nurses shall not be utilized while full-time or regular part-time nurses remain on lay-off, unless all laid off nurses have been offered and declined any available work. An offer will have been deemed to have been made and declined when the Employer has attempted to contact the nurse by telephone and there is no answer or a message is left with a person or on an answering machine for the nurse to contact the Employer within a specified period of time and this contact is not made by the nurse. For an offer of a permanent or temporary rotation, in excess of thirty (30) days, if the telephone contact was unsuccessful, the Employer will notify the nurse by registered letter. The offer will be deemed to have been made and declined if the Employer does not receive a written response from the nurse within ten (10) calendar days.
(c) A nurse who has been notified of an impending lay-off may:
(i) accept the lay-off; or
(ii) exercise the right to bump or displace another nurse who has lesser bargaining unit seniority.
(d) Nurses shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Union.
(e) Where a vacancy occurs in a position following a lay-off hereunder as a result of which a full-time or part-time nurse has been transferred to another position, the affected nurse will be offered the oppo...
LAY-OFF AND RECALL. In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least eight (8) weeks notice. This notice is not in addition to required notice for individual Employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected Employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected Employee as follows: - if her service is greater than 9 years - 9 weeks notice - if her service is greater than 10 years - 10 weeks notice - if her service is greater than 11 years - 11 weeks notice - if her service is greater than 12 years - 12 weeks notice
LAY-OFF AND RECALL. 11.01 In the event of a staff reduction requiring a permanent or temporary layoff of any employee or employees, the Employer shall lay off on the basis of seniority, provided that the employees who are entitled to remain on the basis of seniority are able to meet the operational needs of the Employer and have the skill, ability, and qualifications required to perform the available work. Written notice or pay in lieu thereof shall be given in accordance with the Employment Standards Act. For a layoff in excess of ten (10) working days, the Employer shall provide the Bargaining Unit President and the Labour Relations Officer and affected employees with eight (8) weeks written notice of layoff.
11.02 The Employer will determine the timing of lay-offs and the number of employees to be laid off.
11.03 If one or more employees are laid off for five (5) or fewer consecutive regular work days on which the employees would normally be scheduled to work, such layoff shall be on the basis of seniority, provided the employee is able to meet the operational needs of the Employer and has the skill, ability, and qualifications required to immediately perform the available work. It is understood and agreed that the Employer will use every reasonable effort to ensure that the affected employees are reassigned as quickly as possible during said period.
11.04 The Employer shall provide the Union with the current status of the seniority of all employees in the bargaining unit, in the event of a permanent layoff. The seniority list shall also include the name and classification of all employees in the bargaining unit.
11.05 Lay-off will be considered permanent after thirteen (13) weeks, otherwise, lay-off will be considered on a temporary basis.
11.06 Prior to implementing a permanent lay-off, the Employer and the Union must attempt to place affected employees within the organization. Prior to implementing a temporary layoff in a department/unit, employees shall first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time or take unpaid leaves in order to minimize the impact of the temporary layoff.
11.07 In the event of a reduction in the number of employees, a lay-off of staff shall be based on the following provisions:
(a) Probationary employees shall be the first laid off. However, it is understood that they may be retained if no other employees have the qualifications to perform the available work.
(b) Permanent emplo...
LAY-OFF AND RECALL. If the Company decides to decrease the full-time work- force in a Merchandising Division and it, in the Company's opinion, is satisfied that the qualifications of employees to perform the work available without training, are equal, then employees will be laid off from work in reverse order of their seniority. The opinion of the Company will be applied reasonably and in a non-arbitrary manner.
LAY-OFF AND RECALL. .1 The Company shall notify the SEA of all lay-offs prior to an employee being notified. Any lay-off of employees shall conform to the following principles.
.2 The employee with the least amount of seniority on a plant wide basis shall be first to be laid off when a reduction becomes necessary with the exception that employees who have the relative skill, ability, and qualifications required to perform available work may be retained.
.3 In the event of a lay-off, employees who have the relative skill, ability, and qualifications required to perform available work may be asked to temporarily transfer to a new category and perform the available work.
.4 No employee with seniority shall be laid off from the Company without at least seven (7) days notice or five (5) days pay in lieu thereof. This may include notifying employees that a layoff is expected to be at a certain date while reserving the right to delay the layoff.
.5 Recall shall be the reverse order of lay-off. Any employee transferred due to lay-off must return to the category from which he was transferred when a position in their previous category becomes available.
.6 Laid off employees shall retain and accrue their seniority and their right to be recalled for a period of 52 weeks. Employees laid off and not recalled for a period longer than 52 weeks shall lose all seniority and their employment will be deemed terminated.
.7 Upon recall employees may be offered a position in a category other than their normal category at their normal position’s pay rate if work is not available in their former category. If this position is refused by the laid off employee they are moved to the bottom of the recall list.
.8 Employees who have accepted work in a different category will be given the first opportunity to return to their normal category when a position in that category becomes available.
.9 Each employee who is laid off shall keep the Company informed of his current address and telephone number to facilitate recall.
LAY-OFF AND RECALL. 7.1 The Board recognizes the principle that job security should increase with the length of continuous service with the Calgary Board of Education.
7.2 In the event that a reduction of Professional Support Staff is necessary, the Board will seek to effect this reduction through attrition.
7.3 When lay-off of continuous employees becomes necessary, the Board shall retain employees on the basis of firstly, position description and secondly, seniority.
7.4 Continuous employees laid off pending recall shall be given six (6) weeks’ notice, in writing, or four (4) weeks’ salary in lieu of notice. The employee who is laid off shall submit a present address and telephone number to Human Resources.
7.5 Employees laid off in accordance with this Article shall retain recall rights for a period of one (1) year from the date of actual lay-off except in circumstances where there is mutual agreement between the Board, the Association and the employee to reduce the recall period. Employees shall be recalled on the basis of firstly, position description and secondly, seniority. The Board will attempt to first notify employees being recalled by phone, but in any case, employees being recalled will be notified by registered delivery to the employees last known address on file (a copy of such notice shall be sent to the Association). The recalled employee(s) shall notify the Board of their intent within five (5) working days from the date of receipt of the notice as determined by the records of registration. Recalled employees who do not notify the Board within the aforementioned time frame shall be deemed to have terminated their employment with the Board.
7.6 Laid off employees shall be given consideration for positions other than those which they occupied at time of layoff, provided such employees are, in the opinion of the Board, qualified for those positions.
LAY-OFF AND RECALL. A. The Superintendent (or his/her designee) may lay off any employee by reason of elimination of position, shortage of work or shortage of funds. The employee shall remain on lay off status for a period of one calendar year. Employees on lay off status shall retain, but not utilize, accrued sick leave and shall be paid off for any accrued annual leave.
B. An employee shall not be laid off while there are temporary employees, or probationary employees serving in the same position classification at the same site. For purposes of this Article, Kotzebue shall be considered one site.
C. The order to lay off shall be by position classification at the same site, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious.
D. Seniority shall be determined by the employee’s total interrupted service in the bargaining unit. Uninterrupted service shall mean continuous service in years, months, and days. Leaves without pay and summer vacation periods of nine and ten month bargaining unit members do not constitute a break in service.
E. In each case of lay off, the Superintendent shall give at least fourteen (14) calendar days written notice to the employee stating the reasons therefore. A copy of the notice will be placed in the member’s personnel file.
F. An employee on the lay-off list shall be offered reappointment to position classification openings for which qualified, based upon seniority and personnel file documented performance as determined by the Superintendent. Such determination shall not be arbitrary or capricious. The offer of reappointment shall be in writing and mailed/delivered to the employee’s last known address. If the employee does not accept such reappointment within one week of receipt of the offer, the offer becomes void. If the employee does not accept a second offer of reappointment within one week of receipt of the offer, the employee will be removed from the lay-off list and shall be considered terminated without prejudice. Unless reappointed, at the expiration of the one year lay off period the employee shall be considered terminated without prejudice.
LAY-OFF AND RECALL. 14.01 A layoff shall be defined as a reduction in the workforce and/or reduction in the wage rate and/or hours of work.
LAY-OFF AND RECALL. 18.01 A layoff shall be defined as a cessation of employment, the elimination of a job, or a reduction in the hours of work of a position by one hour a day or more.
18.02 The Employer shall give regular full-time and regular part- time employees the following written notice or pay in lieu of notice:
i. one (1) weeks’ notice after (3) three consecutive months of employment;
ii. two (2) weeks’ notice after twelve (12) consecutive months of employment;
iii. three weeks’ notice, after three (3) consecutive years, plus one additional week for each additional year of employment to a maximum of eight (8) weeks.
LAY-OFF AND RECALL. 43.01 Lay-offs shall be made on the basis of reverse order of seniority within the Administrative or Maintenance Departments.
43.02 The last employee laid off shall be the first recalled provided they are qualified to do the work and have not lost their seniority.
43.03 The Employer shall notify employees who are to be laid off two (2) months prior to the effective date of lay-off or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case such greater period of notice or pay in lieu thereof, shall be given.
43.04 A new employee will not be hired to fill the job of a laid off employee provided the laid off employee has not forfeited their seniority.
43.05 The Employer shall give notice of recall personally or by registered mail. Where notice of recall is given personally, the Employer shall deliver in duplicate a letter stating that the employee is recalled and the employee shall acknowledge receipt of notice by signing the duplicate copy of such letter. In this instance, notice of recall is deemed to be given when served. Where notice of recall is given by registered mail, notice is deemed to be given when the employee receives such letter or not later than three (3) days from the date of mailing.
43.06 The Employee shall keep the Employer advised at all times of his or her current address. The Employee shall return to work within fourteen (14) calendar days of receipt of notice of recall.
43.07 The Housing Association agrees that there shall be no lay-off of any employee during the life of this Collective Agreement except for lay-off resulting from lack of work or lack of funding.